Q: Can I sue for medical malpractice? What would I need to do to start the legal process?
In January my mother was admitted to the hospital for pneumonia and COPD exacerbation. After a couple of days, she seemed to be doing better and was no longer requiring the use of the BIPAP machine, which changed quickly, and we were never told why. We were told that she was end stage COPD they had run out of options and had tried all therapies and recommended transfer to hospice saying she would not live without the bipap machine. She died within a week of transfer. After her death it's become known that she tested positive for a hospital acquired infection during her stay which we were never informed of. The medication prescribed for the infection was working however it was discontinued when she was transferred to hospice/comfort care. Had the truth been known she would've never been switched and would have more than likely survived the infection. Can we sue for malpractice in this situation?
A: What you outline is a potential medical malpractice case. An expert medical doctor would have to review the records to determine if the doctors/hospital acted below the standard of care and if that malpractice led to her death. Additionally, you will have to discuss with attorneys whether, due to the nature of medical malpractice cases, an anticipated verdict would warrant bringing a lawsuit. Find experienced medical malpractice attorneys in your state with the search function on this website.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
